The Maryland attorney general is stepping into a battle that's been brewing for more than three years regarding the idea of day care providers unionizing.

After a Cecil County judge ruled Gov. Martin O'Malley used an unlawful means to help day care providers unionize, Maryland Attorney General Doug Gansler is set to appeal.

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Cherise Young said she wants to join the SEIU union as a day care provider and said she's not pleased with the actions of Delegate Michael Smiegel, R-Cecil County.

"It really saddens me that someone would want to put such a roadblock in the way," she said.

In late September, child care providers voted to unionize, but Smiegel argued successfully in court that O'Malley's executive order that led to the vote was unlawful.

"This bill had been twice in the Legislature and failed twice, and the governor decided, 'Well, I'll just pass this law through executive order,' and executive orders are not meant for that. The Constitution prohibits that, and so we were able to go to court to get an injunction," Smiegel said.

"We've had many, many roadblocks in the three years this campaign has taken place. Whether it's Legislation or this temporary restraining order -- whatever it is, these providers will not stand down," said Sue Bull of SEIU Local 500.

"Well, it gives us a stronger voice collectively," Young said.

In May, child care providers protested a disruption in payments from the state.

The union would mainly include day care providers who offer services to parents who qualify for state child care subsidies. Their state payments weren't made for months earlier this year due to computer processing issues, officials said.

If the day care providers are eventually allowed to unionize, nearly 6,000 would be affected statewide. The actual cost to parents remains an uncertain element of the debate.